Draft 66 Franklin Ave ZB 24 18 Planning Review Memo September 11 2025 rcd 9 19 25

1 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 September 11, 2025 Ms. Diana Chandler-Zimmerman Board Secretary Township of West Orange Zoning Board of Adjustment 66 Main Street West Orange, NJ 07052 Re: Planning Review Letter 66 Franklin Ave Block #134,02, Lots 75.03, 79, 81 Preliminary and Major Site Plan Approval with variances ZB-24-18 Dear Ms. Chandler-Zimmerman, This office has reviewed the application submitted by M Vega Investments, LLC (“Applicant”). The Applicant filed an application with the West Orange Board of Adjustment for a preliminary and major site plan approval in connection with the development of a landscaping office with associated parking for vehicles. In preparation of this memorandum, the following documents were reviewed: 1. Transmittal Letter, from Roosevelt Donat, dated October 23, 2024. 2. Township of West Orange Application Form for the Planning Board or Board of Adjustment, October 14, 2024. 3. Checklist of Required Items 4. Sustainability Checklist. 5. W-9, M Vega Investments, dated October 14, 2024. 6. Resolution of Denial, ZB-21-01, dated April 20, 2023. 7. Proposal for M Vega Investments, last dated March 28, 2025. 8. Site Plan, prepared by Stonefield Engineering & Design, dated October 8, 2024. 9. Property Survey, prepared by Stonefield Engineering & Design, dated June 28, 2021, last revised March 19, 2024. 10. Photo Exhibit, prepared by Stonefield Engineering & Design, dated October 21, 2024. 11. Summary of Approvals and Permits, prepared by Stonefield Engineering &

2 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Design, dated October 8, 2024. 12. Stormwater Management Statement, prepared by Stonefield Engineering & Design, dated October 8, 2024. 13. Solid Waste Management Plan, prepared by Stonefield Engineering & Design, dated October 8, 2024. 14. Truck Turn Exhibit, prepared by Stonefield Engineering & Design, dated August 16, 2022, last revised October 18, 2024. 15. List of property owners to be served notice, prepared on October 16, 2024. 16. Trucking Information. 17. Verification of Taxes & Sewer Charges Paid, dated December 11, 2024. 18. Response to Completeness Memo Cover Letter, prepared by Roosevelt Donat, dated March 28, 2025. 19. Memorandum: Justification for Relief, prepared by Roosevelt Donat, dated March 28, 2025, last revised July 16, 2025. 20. Request for Information and Completeness Determination, prepared by Nishuane Group, dated June 5, 2025. 21. Engineering Review Letter, prepared by CME Associates, dated April 25, 2025. 22. Cover Letter in response to Completeness Memo, prepared by Roosevelt Donat, dated July 30, 2025. Property Information The property that is the subject of this Application is commonly known as 66 Franklin Avenue and identified as Block #134.02, Lots #75.03, 79 and 81 in the municipal tax records for the Township of West Orange. The site is the location of a landscape contractor yard. The site is accessed via Boland Drive, The site is generally square and measured at 100’ x 100’ with a total area of 10,000 square feet. The site is bound by Franklin Ave to the west, an auto repair shop to the north, a multi-family building and two-family residential building to the south, and residential properties fronting Whittlessey Ave to the east.

3 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Figure 1: Aerial of 66 Franklin Ave, outlined in red (Source: Nearmap - July 4, 2025) Figure 2: "Birdseye" view of the site (Source Nearmap - March 19, 2025

4 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Site Photos (taken February 21, 2025) Figure 3: Parking lot of contractor lot, view from parking lot entrance. Note the snowplow blades attached to the vehicles Figure 4: Front of office building for contractor

5 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Figure 5: Fencing, berms, and landscaping along Franklin Ave frontage Figure 6: Rear of 61 Chestnut, a multi-family building located south of subject property at corner of Franklin Ave and Chestnut St.

6 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Figure 7: Side of 2 Elm Street, a single-family home located across the road from subject property Figure 8: Contractor's tuck with plow, parked at 56 Franklin Ave, which is located within the R-T zone.

7 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Figure 9: Snowplow blades and open trailer stored in driveway for 56 Franklin Ave (Source: Nearmap – July 4, 2025) Project Overview The Applicant seeks Preliminary and Final Major Site Plan Approval for its project located at 66 Franklin Ave. Principally, the project consists of the restriping and curbing of the existing lot. There are no changes to the existing one-story office building or the one-story framed shed in the southeastern corner of the property. As provided by the Applicant, a total of five trucks will be parked on-site, along with 4 enclosed landscaping trailers. Each truck is a Ford F-550 equipped with a dump landscape body; Gross Vehicle Weight (GVW) is 19,500 lbs. Truck dimensions are approximately 15 feet in length and 7 feet in width. The landscaping trailers are 7 feet in width and 18 feet in length. Trucks will depart the site at approximately 7:30AM and return between 5:00PM and 6:00PM.

8 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Completeness Our office has reviewed the checklist of required items Major Site Plans Applications. Following the submission of all materials, this application is deemed COMPLETE. Zoning (§25-7.1) The site is located within the B-1 District, which is generally described as zoning for retail business. Permitted uses within the B-1 zone are as follows:  One family, detached dwelling  Water reservoir, well tower, filter bed  Federal, state, county or township building  Golf course and golf club house  Farm, nursery, greenhouse and similar uses  Hospital  Two-family dwelling  Retail Store  Personal service store or studio  Office of office building  Business or vocational school  Restaurant  Bar  Massage, bodywork or somatic therapy establishment  Fitness center/health club Permitted Accessory Uses include:  Required accessory parking  Private garage  Home occupation  Home professional office  Signs  Vending Machines

9 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Permitted Conditional Uses include:  Motor Vehicle fueling station  Public utility building or structure  Telephone exchange  Senior citizens housing project  Hotel  Private club, other than a golf club  Video or amusement arcade  Fast food restaurant  Commercial antenna  Microbreweries, craft distilleries and wineries  Licensed Cannabis Retail  Licensed Medical Marijuana Dispensary The following are the bulk standards for the B-1 zone:  Maximum Height: 2.5 stories and not to exceed 35 feet  Minimum Lot Area: No minimum for non-residence  Minimum Lot Width: No minimum for non-residence  Minimum Front Yard: No minimum for business  Minimum Side Front Yard - Corner Lot: No minimum for business  Minimum Side Yards: Non-residence none required EXCEPT 6 feet minimum for any side yard provided  Minimum Rear Yard: 30 feet  Maximum Building Coverage: 60%  Maximum Lot Coverage: 75% Definitions PROFESSIONAL OFFICE BUILDING Shall mean a building which is used solely for professional offices, which shall include the office or studio of a physician, dentist, optometrist, optician, chiropractor, lawyer, professional engineer, land surveyor, registered architect or teacher and similar licensed professionals. Professional office does not include the purchase or sale of goods, dance instructions, band instrument or voice instructor

10 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 in groups, tea rooms, beauty parlors, hairdressing and manicuring establishments, convalescent homes or mortuary establishments. PARKING AREA Shall mean an open area other than a street, public way or access driveway, but including aisles that serve parking spaces, used for the parking of motor vehicles and available for use whether for a fee or privilege for clients, customers, suppliers, residents or employees. LOT COVERAGE Shall mean that portion of a lot which is covered by parking areas and any impervious surface including but not limited to principal and accessory, structures, driveways, patios, sidewalks, etc. See Figure 2. Planning Comments Though the application, is for an office, which is a permitted use within the B-1 Retail Business zone, the landscaping vehicles are inseparable from the office use. As such, the proposed business is less consistent with an office use, which is permitted within the zone, but rather should be defined as a “Contractor’s Storage Yard”. While there is no definition within the Township’s Zoning Code that defines such a use, a definition is provided on Page 126 of A Planner’s Dictionary, published by the American Planners Association. It states, “Contractor’s Storage Yard” - An unenclosed portion of the lot or parcel upon which a construction contractor maintains its principal office or a permanent business office. Designation of the lot or parcel as a contractor’s storage yard would allow this area to be used to store and maintain construction equipment and other materials customarily used in the trade carried on by the construction contractor. If permitted to be used in this manner, the entire lot or parcel would then be classified as a “contractor’s storage yard” and will be required to conform to all applicable zoning district standards and other legislative regulations. (Wheeling, Ill.) From the information provided by the Applicant and our review of the application, we find this is not a permitted use within the zone, and therefore required a D-1 Use Variance.